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GIRALDO v. DEPARTMENT OF CORRECTIONS & REHABILITATION

No. A119046.

168 Cal.App.4th 231 (2008)

ALEXIS GIRALDO, Plaintiff and Appellant, v. DEPARTMENT OF CORRECTIONS AND REHABILITATION et al., Defendants and Respondents.

Court of Appeals of California, First District, Division Two.

November 14, 2008.

Attorney(s) appearing for the Case

The Walston Legal Group, Gregory S. Walston and Julie Zhalkovsky for Plaintiff and Appellant.

Melissa Rothstein and Serena Lin for Stop Prisoner Rape as Amicus Curiae on behalf of Plaintiff and Appellant.

Edmund G. Brown, Jr., Attorney General, David S. Chaney and Frances T. Grunder, Chief Assistant Attorneys General, Jonathan L. Wolff, Jose A. Zelidon-Zepeda and Emily Brinkman, Deputy Attorneys General, for Defendants and Respondents.

OPINION

RICHMAN, J.

Plaintiff's appeal presents two questions never before decided in California: (1) whether the relationship between jailer and prisoner is a special relationship giving rise to a duty of care to the prisoner; and (2) whether there is a private right of action for damages for violation of the cruel or unusual punishment clause of the state Constitution, article I...

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